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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

Reynolds Ex Rel. National Labor Relations Board v. Curley Printing Co.

The National Labor Relations Board sought a temporary injunction against Curley Printing Company, Inc. under Section 10(j) of the National Labor Relations Act, following unfair labor practice charges by Printing Pressmen Local 37 and Nashville Bookbinders Local 83. The court found reasonable cause to believe that Curley Printing engaged in unfair labor practices including retaliatory shift changes, layoffs, subcontracting, harassment, unlawful discharges of employees (Robert Proper, Clarence Nail, Garner Norfleet), and refusal to bargain in good faith after the Bookbinders' union victory. The court granted the injunction, compelling the company to cease these practices, bargain in good faith, and reinstate most of the affected employees, excluding Clarence Nail due to his other full-time employment and unionization purpose. The decision aimed to prevent the dissipation of union support pending the Board's final adjudication.

Unfair Labor PracticesTemporary InjunctionNational Labor Relations ActUnion BustingEmployee ReinstatementCollective BargainingShift ChangesLayoffsSubcontractingEmployee Harassment
References
3
Case No. MISSING
Regular Panel Decision

Bishop v. New York State Labor Relations Board

This case involves an appeal from an order that denied the appellant's motion to vacate and set aside an order issued by the State Labor Relations Board. Concurrently, the appealed order granted the motion of the State Labor Relations Board to compel the appellant's compliance with its provisions. The appellate court reviewed the decision and unanimously affirmed the order as it was appealed from. No further opinion was provided by the court.

AppealLabor RelationsBoard OrderMotion DenialAffirmationJudicial ReviewCompliance Order
References
0
Case No. MISSING
Regular Panel Decision

Rochester Club v. New York State Labor Relations Board

The petitioner, an employer, was charged with unfair labor practices by the New York State Labor Relations Board. Despite a trial examiner's recommendation to dismiss the complaint, the Board found unfair labor practices and ordered the matter reopened for further hearings to determine employee reinstatement and back pay. The petitioner initiated an Article 78 proceeding to review this Board order, which the Board moved to dismiss as non-final. The court held that under New York Labor Law, the Board's order, granting no relief and requiring further evidence, is an interlocutory order not subject to immediate judicial review. The court distinguished this from federal practice, where similar orders may be considered final, due to differences in state and federal procedural acts. Consequently, the court dismissed the petition, ruling that a final order from the Board was still pending.

Administrative LawJudicial ReviewFinal OrderInterlocutory OrderLabor LawUnfair Labor PracticeNew York State Labor Relations BoardArticle 78 ProceedingAppellate ProcedureStatutory Interpretation
References
8
Case No. MISSING
Regular Panel Decision

National Labor Relations Board v. Goodman

This case involves an appeal concerning the interaction between the National Labor Relations Act and the Bankruptcy Code. Appellants, the NLRB and the Union, challenged a Bankruptcy Court order that shielded James M. Goodman and Goodman Automatic Sprinkler Corporation (GASC) from labor law liabilities based on Goodman's Chapter 7 discharge. The District Court affirmed that Goodman's personal discharge protects him from pre-petition monetary and non-monetary obligations arising from a rejected collective bargaining agreement. However, the court reversed the Bankruptcy Court's finding that GASC was also shielded, concluding that Goodman's discharge does not protect GASC from alleged obligations. The case was remanded to the bankruptcy court for further proceedings, including a determination of the alter-ego status of Goodman and GASC under applicable labor law standards.

BankruptcyChapter 7National Labor Relations ActUnfair Labor PracticesAlter Ego DoctrineCollective Bargaining AgreementDischargeable DebtsPrimary JurisdictionLabor LawEmployer Obligations
References
16
Case No. MISSING
Regular Panel Decision

Danielson ex rel. National Labor Relations Board v. Dressmakers Joint Council, International Ladies Garment Workers Union

This case involves a petition for a temporary injunction filed by the acting Regional Director of the National Labor Relations Board (NLRB) against the Dressmakers Joint Council, International Ladies Garment Workers Union (ILGWU). The NLRB sought to enjoin the union from picketing Newport Miss, Inc. (Newport) following a complaint that the union was engaging in an unfair labor practice in violation of Section 8(b)(7)(C) of the National Labor Relations Act. The union argued that its picketing had lawful objectives, including protesting an employee discharge and informing the public about Newport's substandard wages, and denied any current organizing interest. The court found that the Regional Director had reasonable grounds to believe the union's picketing had an unlawful objective of compelling recognition or employee union membership, causing irreparable injury to Newport and its contractors. Consequently, the court granted the temporary injunction against the union's picketing for 60 days or until the NLRB determines the merits of the pending charge.

Labor LawUnfair Labor PracticeTemporary InjunctionPicketingNational Labor Relations ActUnion OrganizingSecondary BoycottNLRB EnforcementEmployer RightsLabor Dispute
References
11
Case No. MISSING
Regular Panel Decision

Long Island College Hospital v. New York State Labor Relations Board

This case concerns a judicial review of an order from the New York State Labor Relations Board (NYSLLB) that directed a petitioner to bargain with Local 144 and extended Local 144's certification. The court annulled the NYSLLB's order and denied its cross-petition for enforcement, instead directing a new election for employees. While the court affirmed the NYSLLB's use of a self-determination election and multiquestion ballot, it found the certification and order lacked substantial evidence and were contrary to law. This was due to issues including insufficient Spanish-language election notices, blank ballots, and potentially misleading inaccuracies in Local 144's 'Special Edition' newspaper, which the petitioner could not adequately counter. A dissenting opinion argued the board did not abuse its discretion and its findings were supported by evidence.

Labor LawUnion ElectionsBargaining RepresentativeUnfair Labor PracticesJudicial ReviewSelf-DeterminationBallot IrregularitiesSubstantial EvidenceNew ElectionLabor Relations Board
References
3
Case No. Dkt. No. 63
Regular Panel Decision

Dunbar Ex Rel. National Labor Relations Board v. Landis Plastics, Inc.

Petitioner Sandra Dunbar, regional director of the National Labor Relations Board (NLRB), sought to amend her petition and resume Section 10(j) injunction proceedings against respondent Landis Plasties, Inc. Landis opposed, arguing prior compliance with a settlement agreement, lack of NLRB authority to revoke it, undue delay, and bad faith, while also requesting discovery and evidentiary hearings. Judge Pooler found Landis' arguments lacked merit, emphasizing the liberal standard for amending pleadings and the NLRB's authority to revoke informal settlements. Consequently, the court granted the NLRB's motion to amend its petition and resume proceedings, denying Landis' requests for expedited discovery and an evidentiary hearing. The decision noted that affidavit evidence was sufficient for the Section 10(j) standard, which is highly deferential to the NLRB, and also granted the NLRB's motion for a discovery protective order.

Section 10(j) InjunctionNational Labor Relations ActUnfair Labor PracticesMotion to AmendDiscovery DisputeSettlement RevocationFederal Rules of Civil ProcedureRegional Director AuthorityTemporary ReliefStatus Quo Ante
References
14
Case No. MISSING
Regular Panel Decision

Committee of Interns & Residents v. New York State Labor Relations Board

The Committee of Interns and Residents (petitioner) initiated a CPLR article 78 proceeding to compel the New York State Labor Relations Board (respondent) to assert jurisdiction over unfair labor practice complaints against several intervening nonprofit hospitals. The State Board had previously dismissed the petitions, expressing uncertainty about its jurisdiction following 1974 amendments to the National Labor Relations Act (NLRA) which brought nonprofit hospitals under federal purview. However, the National Labor Relations Board (NLRB) subsequently determined that interns, residents, and clinical fellows, represented by the petitioner, are 'students' and not 'employees' under the NLRA, thereby declining federal jurisdiction over them. This court concluded that the NLRB's decision to not assert jurisdiction over these personnel meant that the NLRA did not preempt the State Board's historical jurisdiction in such matters. Consequently, the court granted the petition, vacated the State Board's dismissals, and remanded the cases for further consideration consistent with this opinion.

Labor LawNational Labor Relations ActFederal PreemptionState Labor Relations BoardNLRB JurisdictionInterns and ResidentsCollective BargainingNonprofit HospitalsEmployee StatusStudent Status
References
6
Case No. MISSING
Regular Panel Decision

McLeod v. Local No. 3, International Brotherhood of Electrical Workers

The Director of the Second Region of the National Labor Relations Board (NLRB) sought a temporary injunction against LOCAL UNION NO. 3 I.B.E.W., alleging unfair labor practices related to secondary boycotts. The charges stemmed from picketing by union members at various New York City apartment buildings, where New Power Wire & Electric Corporation and P & L Services, Inc. had electrical rewiring contracts. The union picketed, claiming New Power violated its agreement by employing non-union electricians. The Board contended this picketing violated Section 8(b)(4)(i)(ii)(B) of the National Labor Relations Act. However, the court, applying the Moore Dry Dock Company principles, found no sufficient evidence that the union induced neutral employees or coerced building owners. The court concluded the picketing was informational and confined to the primary dispute's situs, thus not violating the Act. Consequently, the Board's application for a preliminary injunction was denied.

National Labor Relations ActSecondary BoycottUnfair Labor PracticeTemporary InjunctionPicketingLabor Union DisputeCollective Bargaining AgreementMoore Dry Dock TestLandrum-Griffin ActTaft-Hartley Act
References
6
Case No. MISSING
Regular Panel Decision

McLeod v. Compressed Air, Foundation, Tunnel, Caisson, Subway, Cofferdam, Sewer Construction Workers, Local No. 147 of New York, New Jersey States & Vicinity

The Regional Director of the Second District of the National Labor Relations Board sought an injunction against a labor organization (the Union) under Section 10(j) of the National Labor Relations Act. The Director believed the Union violated Sections 8(b)(3) and 8(d) of the Act by refusing to bargain collectively and failing to provide proper notice for modification or termination of an existing collective bargaining agreement with Andrew Catapano Co., Inc. and Grow Construction Co., Inc. (C-G). The Union ceased work on a sewer construction project in Brooklyn, New York, arguing negotiations concerned a future contract, not modification of the current one. District Judge Bartels found reasonable cause to believe the work stoppage stemmed from a dispute over modifying an existing agreement without proper notice, constituting an unfair labor practice. The petition for injunction was granted, and a motion to amend the petition to include termination violation was also granted.

National Labor Relations ActInjunctionUnfair Labor PracticeCollective BargainingContract ModificationContract TerminationWork StoppageLabor DisputeRegional Director NLRBSection 10(j)
References
8
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